I have seen prior discussions about F-1 student & TPS but not specific to this. I hope this thread will serve for all the possible F1-student with TPS.

I have pointed my concerns below in case by case basis:

Case 1. I am in OPT and my OPT ends at March 2016.
# How does TPS benifit me? Can I file TPS-EAD and continue to work under it.
# What would happen after Dec 24, 2016 (end of 18 months period)?
# Will my status remain F-1 or I need to maintain my F-1 status while under TPS?

Case 2. Will TPS affect my ability to file for H1B if my OPT ends at march 2016?
# Do I need to maintain my F-1 status in parallel while under TPS for H1B?

1. You will get time till dec 2016 and most likely it will extend again if we look at the history of other countries. You can file for h1b too if you r eligible.
2. TPS is just another status you should be able to file anything like H1b or GC which has to be filed by your employer.

MTEVEREST8848,

Are you sure about that, there are many conflicting views about that?

http://www.avvo.com/legal-answers/i-am-a-syrian-physician-on-tps--can-i-change-statu-947394.html

http://www.avvo.com/legal-answers/if-f1-with-stem-ead-apply-for-tps--if-granted--wil-2232965.html

Very confusing!!!!

Even I was confused while scanning through the reviews in other websites. What I mostly got out of them was:

1. You should maintain your F-1 status (more sort of keep it alive) even when you are in TPS. This will give you options to file for H1B or process your green-card, since there is no status change from TPS side.That means you have to go to school and enroll for full time courses. Probably, you can work using the TPS-EAD (not sure).

2. If you are in H1B and you got approved for TPS-EAD. You can't switch your employer immediately and work with TPS-EAD. Even if you do so, your H1B gets disqualified and will be of no status at the end of the TPS-EAD.

Again, I am referring to the reviews/discussions posted on which I found on google; I don't have creditable/valid sources for all of this. I do hope this is not the case for us.

F1 status will only be maintained when you have full time school or until OPT time. Changing to TPS Wont pause your F1 status I think. In his case let's say his OPT expires in March 2016 I don't know whether he can recapture it but according to USCIS website it says TPS does not prevent you applying for nonimmigrant status. h1b is dual intent status immigrant/ non immigrant. May be lawyers in this forum can help us .

As far as I have read in online forums, TPS ma bhayera h1b apply garnu mildaina. So, looks like TPS is useless for opt ra students haru ko laagi. Opt ending guys, TPS sake pachi ta jhan gaaro huncha. Hopefully TPS will keep extending like other countries. Haiti is still on TPS since 2010 which is nice.

As far as I have read in online forums, TPS ma bhayera h1b apply garnu mildaina. So, looks like TPS is useless for opt ra students haru ko laagi. Opt ending guys, TPS sake pachi ta jhan gaaro huncha. Hopefully TPS will keep extending like other countries. Haiti is still on TPS since 2010 which is nice.

Oh_Gaathe, if that's the case, please explain this to me...

Source: http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:

Applying for nonimmigrant status
Filing for adjustment of status based on an immigrant petition
Applying for any other immigration benefit or protection for which you may be eligible

PLEASE NOTE: To be granted any other immigration benefit you must still meet all the eligibility requirements for that particular benefit. An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS.

Hope this will help...

http://www.nolo.com/legal-encyclopedia/frequently-asked-questions-about-temporary-protected-status-tps.html

Hello StatusPidit,

I understand for Asylum. tini haru ta status ma bhaye ni na bhaye ni farak pardaina ni. Green card direct sponsor from employer also makes sense. Tara h1b apply garnu ta OPT status ma hunu paryo ni. TPS lai tesma gandaina re. So, H1B is out of question. You will be legal with work permit and can still continue working where you are working. Tara, I would like to know more abt this h1b case. Aba student haru ta F1 maintain garera OPt nikaalera h1b nikaalne ho bhane ta TPS ko use bhayena. Aba opt ending haru lai kaam laagne ho. Tara h1b apply garnu milena bhane gadbadi bho ni. I am curious too.

http://www.avvo.com/legal-answers/intenational-student-with-f1-and-granted-temporary-1664867.html

Another completely different view:
http://www.lawqa.com/qa/do-you-recommend-us-to-apply-for-new-tps-as-syrian
Havens & Lichtenberg PLLC | Michael Lichtenberg
There are several advantages of changing your status from F1 to TPS: a) you can continue your studies after receiving TPS; but, with TPS, you and your wife will receive permissions to work, Social Security numbers, and driver's licenses; b) with TPS, you can study part-time or even take a break in your study program without losing legal status in the US; c) with TPS, you can be a student in any school (while F-1 visas can be obtained and maintained only through USCIS-accredited schools which often charge higher tuition); d) unlike F-1 status, TPS will not expire when you finish your studies. If political situation in Syria stabilizes, and your TPS will not be extended, you can always go back to F visas (provided, of course, that you will remain a student at that time). However, history shows that, once granted to citizens of any particular country, TPS usually lasts for many years; and that country's citizens who are in the U.S. and received TPS, can continue to renew it even after the reason TPS was given to them is all but forgotten. I cannot readily think of any possible disadvantage of applying for TPS, but you should consult an immigration attorney to take into consideration all particular circumstances of your case.
Answer Applies to: New York
Replied: 6/21/2013

True that. haiti is still on the list since 2010. and lots of latin countries since 2000s. Definitely looks long term which is really beneficial.

Oh_Gaathe bro,
From what I know, H1B apply garna OPT mai hunu parchha bhane chhaina. All you need is at least an undergraduate degree from the US or from any other qualifying country; and a US-based employer who is able and willing to hire and sponsor you. To this condition, however, there are some constraints such as: your education must be related (completely or somewhat) to the job what your future employer is trying to sponsor you for.

I'm not lawyer but what I think is if they grant TPS for Nepalese citizens, this must favor the documented people more than un-documented ones the most.


Thanks

Lots of confusion here. Definitely undocumented haru lai ta thulo help ho. Aba aafai process mai gayera tha huncha hola. lets see.

I don't know what's the fuss. just join the tps for right now, work, study if you want to study, just save if you need to. When it's about to expire, join a school and get back to F1 and get opt for another 3 years if you're on stem, or H1b. for h1b you don't have to be on opt to apply. people from India come here straight on h1b. Anyone with undergrad can apply h1b , you have extra burden to be legal since you're already in the US but now you have tps to make it legal for you. or you can straight file gc from tps. remember, you don't need opt to file h1b, and you don't need opt or h1b to file gc. if your status grants you to work other than those visas, in which case TPS for you now, then you can directly file for gc.
this is just my opinion, not a legal advice.

I have seen that USCIS comes with some sort of custom criteria for TPS (maybe this is based on condition & country basis). With the discussion above and the links posted, it seems like for F-1 students & H1B, you have to maintain parallel status; you can have benefits from both F-1 & TPS or H1B & TPS at the same time.
However, if you are in F-1/OPT and use TPS-EAD after your OPT period ends then you are no longer a F-1 student and counted as TPS beneficiary.
# If you want to use TPS-EAD and keep the option of applying H1B or greencard, you will need to enroll as a full-time student and keep your F-1 status alive.
# You might be able to apply for reduced course while in school & working in TPS-EAD.
# If your student visa is expired, you can get a travel pass to go visit your country under TPS.
# Take the TPS-EAD after your OPT expires, hopefully the secretary will extend the TPS period by another 18 months at the end of 26th Dec.

Very bad, after 20 years of existence of TPS, we are still puzzled with these regulations.

Here the issue..
I am in OPT and my OPT ends at August 2016. How does TPS benifit me? Can I file TPS-EAD ? Do they issue 2 EAD? And beside that I am waiting for my PD to be current to file my GC. What could be the scenarios here.Any inputs will be helpful

Hi guys, question about TPS, OPT, EAD. Please share your thoughts.

I'm in F1 OPT which is going to expire soon. I am filing change of status to dependent visa (F2) soon. While change of status is pending, can I apply for TPS and EAD under TPS? And while TPS EAD is pending, can I continue working under current OPT EAD? Because extension of work authorization is pending (in a way).

Hi! Everyone,

TPS is going to be granted and now people are getting confused. Looks like everyone is confused but if you are student and maintaining f1 status then it shouldnt be an issue to adjust status. But here is an interesting article about TPS which you people might find little interesting about Conflict. This question looks like asked by some Nepalese fellow. Share and keep updating on this forum.
http://www.avvo.com/legal-answers/i-am-currently-on-h1-b-and-my-company-is-applying--2224333.html